The State Department is seeking Office of Management and Budget approval of the information it will collect through an “online case management system” that will consolidate several Directorate of Defense Trade Controls licensing forms, it said in a notice. The new DS-7788 will be used to review and adjudicate requests to export or temporarily import defense articles, defense services and related technical data. After the new system is implemented, DDTC will discontinue the use of several forms consolidated into the new DS-7788: the DSP-5, DSP-6, DSP-85, DSP-73, DSP-61, DSP-62, DSP-74, DS-6004 and DS-4294. Comments are due to State by June 18.
The Commerce Department's Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to add to the Unverified List 50 entities with addresses in China, Hong Kong, Indonesia, Malaysia and the United Arab Emirates (UAE). Thirty-seven of the 50 additions are located in China. The agency's final rule also removes 10 entities and adds one address for a person currently on the list. The Unverified List includes entities for which the U.S. government failed to complete satisfactory end-use checks, and therefore could not verify the entities' bona fides. Additions to the list are as follows:
The Defense Security Cooperation Agency issued a policy memorandum April 8 clarifying its implementation of a reduced administrative surcharge for Foreign Military Sales activities. For the purposes of a reduction in the rate from 3.5% to 3.2% that took effect July 1, 2018, the “implementation date or the date when the initial deposit from the purchaser is received” is used “to determine which Letters of Offer and Acceptance (LOAs), amendments, and modifications are eligible for the Administrative Surcharge Rate of 3.2%,” the policy memo says. “The implementation guidance that accompanied DSCA policy memorandum 18-27 erroneously instructed the Implementing Agencies to apply the 3.2% Admin surcharge rate to all new FMS and Building Partner Capacity (BPC) cases and new line items added via LOA amendment 'accepted' on or after 1 June 2018,” DSCA said. “Regardless of the acceptance date, all FMS and BPC cases and new lines added via LOA amendments ‘implemented’ on or after 1 June 2018 are eligible for the 3.2% surcharge rate.” DSCA attached revised guidance on what activities are eligible for the new, lower rate.
The Nuclear Regulatory Commission recently issued a regulatory issue summary to clarify requirements for annual and quarterly reporting for exports of nuclear equipment and materials. According to the NRC, “based upon discussions with exporters that did not submit quarterly reports,” exporters may be confused about the different annual and quarterly reporting requirements. Annual reporting requirements are for exports under a general license for U.S.-origin goods listed in Appendix A to 10 CFR Part 110; quarterly licenses are for exports under a general or specific license for goods listed in Annex II of the Additional Protocol to the International Atomic Energy Agency agreement. “The two reporting requirements reference two distinct lists of equipment subject to reporting which share some items in common. Thus, the export of some components” may require both an annual report and a quarterly report because they appear on both lists, the NRC said. “Reporting under one of these requirements does not obviate the need to report under the other if both apply.”
The Commerce Department's Bureau of Industry and Security said the Sensors and Instrumentation Technical Advisory Committee (SITAC) scheduled a partially open meeting April 30 in Washington. The public session will include an remarks from BIS management and industry presentations. The open session will be accessible via teleconference to 20 participants on a first-come, first-served basis. To join via teleconference, submit inquiries by April 23 to Yvette Springer at Yvette.Springer@bis.doc.gov. A limited number of seats will also be available for in-person attendance at the public session.
The Commerce Department's Bureau of Industry and Security is looking for candidates for its seven Technical Advisory Committees, the agency said in a notice. "Industry representatives are selected from firms producing a broad range of items currently controlled for national security, nonproliferation, foreign policy, and short supply reasons or that are proposed for such controls," BIS said. "Representation from the private sector is balanced to the extent possible among large and small firms." Six of the TACs advise the Commerce Department on the "technical parameters for export controls and the administration of those controls within specified areas." The other TAC "focuses on the Export Administration Regulations (EAR) and procedures for implementing the EAR." TAC members can serve a term of up to four consecutive years and must obtain secret-level clearances prior to appointment, BIS said. Resumes should be sent to Yvette Springer at Yvette.Springer@bis.doc.gov.
The Directorate of Defense Trade Controls has opened its Defense Export Control and Compliance System (DECCS) Commodity Jurisdiction Application for testing, it said in an update on its website. Industry participants may now begin testing the electronic form here, and can provide feedback by clicking a button in the application. The testing period will end April 3, DDTC said.
The Department of Justice updated its policy manual provisions on Foreign Corrupt Practices Act enforcement to reflect changes in the requirements for retention of business records, according to the department. The new guidance, which took effect March 8, lifts a ban on the use of third-party messaging apps, including WeChat, WhatsApp and Snapchat, according to a report from Skadden Arps. The changes were made in light of “certain fast-growing economies, such as China and India, where WeChat and similar messaging apps are used extensively for legitimate business communications,” the report said.
The Commerce Department's Bureau of Industry and Security said the Regulations and Procedures Technical Advisory Committee (RPTAC) scheduled a partially open meeting April 2 in Washington. The public session will include an export enforcement update, regulations update, working group reports, an Automated Export System (AES) update, and presentations of papers or comments by the public. The open session will be accessible via teleconference to 20 participants on a first-come, first-served basis. To join via teleconference, submit inquiries by March 26 to Yvette Springer at Yvette.Springer@bis.doc.gov. A limited number of seats will also be available for the public session.
Testing for commodity jurisdiction requests in the State Department’s Defense Export Control and Compliance System (DECCS) won’t begin until the week of March 25, the Directorate of Defense Trade Controls said in an updated message on its website. The message had previously said testing would begin March 20 (see 1903200046). “Another announcement will be posted when the system is available for testing,” DDTC said.